WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 13

Oct 29, 2018

Question #114: Married and both living in NY My wife and I have been living apart since November 1999. We were married 9 years and no children. All property and assets have been split and we have no children. What can I do if she refuses to sign a separation or divorce agreement even if I am willing to sign that I am at fault in one of the grounds for divorce in New-York. Since the separation in 1999 we both acquired property (home) seperately. Thank You for your help.

Living apart is not considered “separated” under the law. As far as the law is concerned , you arestill married , and all the property you acquired during the course of this time is considered marital property and each one has an interest in the other’s property until you are legally separated and/or divorced. You […]

Oct 29, 2018

Question #113: Here is me problem.I was married to my husband for 10 years.Last march he started an affair I found out about it in may and and he moved out on me and our 2 children in jaune .we are not legal separated yet but he is now living with his girlfriend.I do not want to go though the legal spration I just want the divorce so I can move on with my life and start dating.what can I do and how much will it cost for the divorce I do not have alot of money at all as he left me with all the bills and the house and kids.we have child support set up with nt child support. Thanks

Unfortunately, these matters must be handled properly by an experienced matrimonial attorney in order to make sure that the problems do not come back to haunt you later on in life. The separation agreement is the first part of the process , and basically spells out all of the understandings between the parties such as, […]

Oct 29, 2018

Question #112: Sir – I have a v quick question – if its one that warrants payment first, please let me know… My spouse lives in NY, I live in LA….we have been legally separated for just over a year….we would both like to file an uncontested divorce in NY….he is happy for me to act as the paintiff and have him served…however, do I have to be physically present at the NY court to file these papers? Or can I mail them in or alternative…..? I already paid the $210 in filing the separation and obtaining an index nunber which is why I am reluctant to pay another filing fee in LA… Anyway – a million thank yous and prayers if this is somethig you might be able to answer!

You do not have to be physically present in NY to file the papers but you should not be relying on “self help” to prepare and file your divorce. There are many issues and legal concerns that must be addressed in the process which require experienced legal counsel and, if not clearly discussed and resolved […]

Oct 29, 2018

Question #111: Under ideal conditions, how long does it take from date of filing to finalize a divorce in New York? Thanks very much.

It depends on which County one is filing in. In NYC, the wait is about 3 months after all of the papers are properly prepared and filed in an uncontested divorce. In Westchester and Nassau it is usually signed by the Judge within a month and in Rockland within a few weeks. If you are […]

Oct 29, 2018

Question #110: Iam a Filipina who was petition (k1visa) by my boyfriend who is a u.s citizen and lived in colorado. We got married in colorado u.s.a and we have to transfered to England for his job assignment. We’re only married for 8months and i already experienced abuse not physically but mentally. He never give me money or whatever except for food, he never have time for me because he is so busy with his job and because of that also his not active in bed.(i feel like im just a keeper here) Everytime we argue he always say that he want to divorce me and that make me scared coz i dont have family here in england and no job (they only accept NATO and u.s citizen) no money to support myself. My question is if i agree to divorce him, will i get monetary support from him (until now his paying morethan 60% of his salary to alimony for his ex wife) and what is my chance to get a immigrant visa since i never had the chance to apply for AOS when were in u.s? honestly im afraid to go back to the Phils coz some people there are very judgemental it will give me more pain to go back. Since iam married to u.s citizen, do i need marriage annulment in the phils.? Honestly never had a chance to think of this before i get married coz i thought im marrying a good man since he is a chaplain and a good marriage councelor. Thank you so much and God Bless!!!

You should insist on getting divorced in the US, in Colorado, where you permanently reside as husband and wife and you should get an experienced attorney- mediator in your county in Colorado to help you. Once you get the divorce in Colorado, you will not need another for the Phillipines. Do not do this on […]

Oct 29, 2018

Question #109: Please advise if i was divorced in one state, but my ex and i and all children now reside in another state ( divorce in illinois but live now for past 2 1/2 years in indiana) does jurisdiction have to remain in the state in which we were divorced. I’m trying to have the case transferred for illinois to indiana but my ex who has not followed the decree is trying to contest as a legal issue that it stays in illinois. we both bought homes in indiana, drivers license issued in state of indiana, children go to school in indiana and yet he is fighting the above. Please advise i’m at wits end!!! we had one pretrial hearing and it is continued for 3mos until both parties argue the above he’s arguing it’s a legal issue?????

Usually the Separation Agreement and the Divorce Judgment discuss the issue of the local court retaining jurisdiction. I would have to review these documents to properly respond to your question. You should consult with an experienced matrimonial attorney in your county in Indiana to see whether Indiana law would allow you to enforce the Illinois […]

Oct 29, 2018

Question #108: I was wondering how long you have to wait to get married after a divorce in NY state? My boyfriend is in the middle of his divorce. We want to get married as soon as possible. He and his X have been separated since 2000, We met in 2002.

The length of time one has to wait depends on the grounds that one used in order to get the divorce. If one used a written separation agreement as the grounds for the divorce, one would have to wait a year after filing the separation agreement with the county court. If one used cruel and […]

Oct 29, 2018

Question #107: My spouse and i have been living apart for over a year. she has moved out of state. i served her with a summons and complaint and the time period that she had to respond has passed. she and her attorney are simply ignoring the deadline. what happens now? am i stuck waiting or do i have recourse if she just ignores the summons? how long do i have to wait to take the next step and what would the next step be?

I cannot overemphasize the need to use experienced matrimonial counsel when dealing with divorce or separation matters. Assuming that all of your papers were in order , and your spouse was properly served, and the time has elapsed for her to answer, you can make a motion for a default judgment. Divorce and separation are […]

Oct 29, 2018

Question #106: I got married in the Philippines 2004 and went back to Ireland and got seperated in 2-3mos just right after the marriage. I wasnt able to file a divorce/annulment due to some financial reasons. My question is, can i file for a divorce here in CA. though i am just on a visitor’s visa? I am about re-marry soon with my fiancee who is an American Citizen. Please enlighten me. I will greatly appreciate, Many thank’s

Every state has a residency requirement before it will entertain a divorce proceeding. You must be a resident of the state inwhich you are filing. Where are you living presently and how long have you lived there? Where are you permanently residing? Where is your legal domicile? These are all questions that must be answered […]

Oct 29, 2018

Question #105: GROUNDS: My husband separated from me 3 times for a period of 1 year the first two times and going on 2 years the 3rd time. He separated from me March 2005 after I gave birth 5 months prior. Within the last 3 months we have had martial relations, but no discussion of reconciling. He has told me that it’s over, he doesn’t want to come back. I already obtained custody of our daughter and already obtained a support order, which he has been paying. My question is: Can I file for divorce with grounds of constructive abandonment? Or does the fact that we had sexually relations terminate those grounds? Will I have to wait a period of time (1 yr) without sexually relations with him in order to use this grounds for our divorce, or are their any other options. Thanks for any advice.

You cannot use the grounds of Constructive Abandonment if you are continuing to have sexual relations together. You, however, can use other grounds that will allow you to file for divorce immediately. If you are living in the NYC metro area, give me a call at 212-370-1660 to arrange for an appointment to discuss the […]

LEONARD M.WEINER, ESQ, Ph.D.

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WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS

Question #111: Under ideal conditions, how long does it take from date of filing to finalize a divorce in New York? Thanks very much.

Question #108: I was wondering how long you have to wait to get married after a divorce in NY state? My boyfriend is in the middle of his divorce. We want to get married as soon as possible. He and his X have been separated since 2000, We met in 2002.